Consecutive Storms Cause Damage to Tenants Car

[Benjamin Amaral]

I recently posted about a significant wind storm in October causing damage to one my tenants car (windshield and body) when branches from the tree in my driveway fell onto their SUV. This was a significant wind storm, winds upward of 90 MPH in some areas. The tenant reached out to see if I would cover their $500 car insurance deductible. The claim did cover everything else. I received a resounding response from BP that I was not responsible for the damage. I did not cover their deductible.

After the storm I examined the tree and per my own assessment, I did not see any branches that appeared to be dead or of concern, nor did I notice any prior to the storm in October. 

During a winter snowstorm / mix storm over the past day or so, which included snow, wind, and rain, another branch fell through the same vehicles windshield. This time it appears to have just caused damage to the windshield. The tenant sent pictures and curtly said this is the 2nd time this has happened and the tree clearly needs maintenance.

I have scheduled to have a tree trimmer come out tomorrow and assess and trim the tree.

Due to this happening a 2nd time in the span of a few months, I do clearly feel compelled to have someone come out and assess and work on the tree, especially now that the tenant overtly requested it. Considering this happened again in close proximity to the last incident but again during a storm (although not as significant as the first), I feel that this situation is not as clear as the first. In your opinion, should I be accepting any financial responsibility for this accident? If so, how would you go about it? If they submit another claim to their insurance company, their premiums will be impacted next year. It also may not be worth submitting a claim to their car insurance as it's only their windshield that was damaged.

I appreciate any input you can provide.

[Caroline Gerardo]

I parked my X5 in a corporate parking lot owned by Irvine Co at work. A eucalyptus tree fell on top of my vehicle and a Bentley owned by another gentleman in the building.  My sunroof shattered and roof damage, other car total loss, a pancake in the middle and on the engine. Gentleman filed suit and lost. I paid my deductible and got mine repaired. After other gentleman's car lost in court they appealed and hauled me in as a witness. Yes the trees needed trimming and always dropped small branches, no I didn't know the danger, no I never parked in those spaces again, no the corp owner had no notice posted about this danger.. it was determined to be an act of god and gentleman lost on appeal. 

Remove the whole tree. Put up a sign park at your risk until you get it down, it likely is too large for the location or not well. Make tenant sign a risk waiver. 

Why did he continue to park there?